Abstract

NOVELLA, Silvina Lorena. Problematical issues regarding to the listening of children and adolescents at judicial processes. Anu. investig. [online]. 2010, vol.17, pp.299-306. ISSN 1851-1686.

This article focuses on the analysis of rethinking (in the international context) the concept of the child as an active subject of law collection; first by international instruments and, then, its implications for the assimilation to the Argentinean legal system. The doctrinal positions are analyzed by giving rise to debates between the autonomy progressive principle recognized by the Convention on the Rights of Children and the regime of capacity of the people younger than age regulated in the Argentinean Civil Code. Set out specifically the issue of technical defence through the role of Lawyer of the Child. Finally, I try reflect on its application in the judicial practices, under the contradictions between the institutions remaining own from the previous regime and the created in the light of the new paradigm of comprehensive protection of children's rights.

Keywords : Child; Autonomy; Defense; Protection.

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